Iron County register., 1887-07-21
QUESTIONS ANSWERED.

Information of Value to school Boards.
and Which MAY Save q Vast Amount Of
Correspondence. M
The following questions with their an. !,
swers, are furnished by Superintendent
W. E. Coleman for the information Of
school boards and others interested:
1. Must school warrants be drawn ..By order
of the Board to make them legal?
ANSwER-A school warrant to be legal, must
be drawn by order of the Board in compli-
ance with the provisions of section 1o11, ana
must not be in excess of the funds due the dis
trict for the year ending June 30: section 7o73
The Supreme Court, in 81 Mo-, s19, holds that:
school furniture and issued warrants therefor,
without an "Order of the Board" the transac,
tion was illegal and the district no
5ohn isH1e f0N " 'heif Henry, prymen speaEing fo1
the thee court, says: 1T is Clear that the members
trict W were crete to do so in meetings Of the board
Again he says: Neither two nor all the direct-
ors, acting separately, and apart from aa each
other could bind the district by any contract
they might make' Not only so, but the mem
bers of board, by issuing warrants without
meeting of the board, lay themselves liable to
rants II it can be proven that Wa[rant has
been issued without an order OF the board IL
cannot be collected in any OF our courts, ana the
treasur' can be enjoined from payment OF
same. The board has no right to issue war
rant except for work actually performed ot OF ,ot
must be drawn payable to the party TO Wnom
the district is indebted.
2. Are school warrants. issued prior to July
!, 1887, payable out of funds now on hand?
ANSWER All Indebtedness legally incurred
prior to July l. 1887; must be paid rom tne m
come and revenue derived prior to that GATE
Money on hand July 1, 1887, can be used to
defray such Indebtedness, but all moneys re-
ceived and credited to the district after July l,
1887, must be reserved and applied in defraying
the expenses incident to the present school year
which commenced July l. 1887, and closes lyme yars
the public funds apportioned to the various
districts by the county clerk in August. 1887,
rants rants ssued after Iss and can not be
legally paid out on any warrant issued Pri0r aos
to that date: The receipts OF eacn
school year must meet and pay the debts OF
such school year: anything in excess thereof Is
illegal and can not be collected of the district.
refuse to pay any such warrants from this years
receipts should he honor such warrants, ne
can be held liable for such such amount The cues, ,s
such warrants?" They are illegal, contrary to
the Constitution-section 12 Of article K, in
violation of the statutes section 7073, laws OF
1ss5-and the only parties who are liable for
their payment are the individual members OF
board who violated their oath in issuing them.
1t is the plain duty of the treasurers of counties,
townships and cities to comply with the law; to
pay this years warrants out of this years
sued prior to July 1, 1887, unless the money was
on hand on that day, as shown by settlement.
8. Can school board legally issue a war
rant bearing date later than June 30. 1897, for
services rendered or material furnished prior
to july !, 1887?
ANswER-The issuing of such warrant
would indicate fraud, and would lay the board
liable to prosecution, fine and imprisonment,
by sections 1880 and 1881. R. S. of 1879. Neither
can board cancel an old warrant, issued prior
to July 1, 1887, and issue in lieu thereof another
bearing date subsequent to June 30 1887; for
to do so, would be to acknowledge the il1egallty
and worthlessness of the warrant cancelled,
and to endeavor to continue an illegal indebt,
n upon Is T face, ear and the parties to such action
would be rendered liable under the
above-named sections. No warrant can be le-
gally issued and dated subsequent to June 30,
1887. unless such Indebtedness is incurred with
in this school year. e., July l., 1887, and June
3a. 1SSS-for materials furnished or for services
rendered within this school year.
d. When is a teachers warrant legally drawnf
ly employed at a meeting of the board, and the
contract made "by order OF the board" by Sec
20. The teachers certificate must be filed
with the district clerk land must be in force
for the full time for @ which il.e tn contract Is
made" Sections 7046 7071 and 7076.
(c). At the end of each month he must make
his monthly report and present it to the clerk
of the district, as required in section 7079:
"a. The board must then meet, and by or
der of the Board the clerk must draw the
warrant-ordered by the board-and the clerk
and president must sign the same. Section
(e). At the close of the term he must pre-
sent to the clerk his term report, as the law
requires the last months salary withheld until
said term report is made and filed with the
clerk.
" J.. Inc warrant HuSG not DC III eACcSS Oi
the income and revenue due the district for
such school year." Sections 7071, 7072 and
7073. g..
s. Has school board the right to buy school
furniture and issue warrants therefor with in
terest. the same to be paid in one, two and
three years?
ANswER-The board has no such right to do
So is gross violation of section 7I73, and con-
trary to the 18th section of article x. OF the
constitution and any board that so far tran
scends it's authority should be made to foot
the bills thus made. Section 7060 and the 9th
division of section 7030 prescribe the manner in
which money can be secured to purchase school
furniture, and the board has no right to run a
district in debt. Most of this trouble arises
from irresponsible agents of school furnishing
companies. They know better: they
know school board can not legally run
the district in debt: that the board has nc
right to make contract involving an outlay of
money, unless the same has been duly voted by
the people. ant that any debt over AMI above
the income and revenue in any one year is
illegal: yet these same shysters practice their
deception upon credulous school boards. in the
hope of securing their money, by threatening to
sue. and prosecute. etc. etc.
Treasurers should their guard and re-
fuse to honor any such obligations. They are
wholly illegal and can not be collected by law.
No agreement can be made that can bind the
district, while violating the plain letter OF the